Court No. - 36
Case :- WRIT - A No. - 9286 of 2018 Petitioner :- Ramphikir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Chandra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the respondents.
The petitioner by means of this writ petition is claiming pension and other retiral benefits of the post of Tubewel Operator in Irrigation Department by treating his services rendered in as part time Tubewell Operator to be part of his service for the purposes of pension.
Learned counsel for the parties agree that the matter is covered by the decision of the Supreme Court dated 02.09.2019 rendered in Civil Appeal No. 6798 of 2019 (Prem Singh vs. State of U.P. and others) and connected petitions. The relevant paragraph-36 of the above decision reads as under :-
"In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."
In view of the above decision, the Court directs the respondents to treat the services rendered by the petitioner as part time Tubewell Operator in Irrigation Department towards qualifying service for the purposes of grant of pension. The pension of the petitioner shall accordingly be worked out and be paid regularly on monthly basis. The petitioner would be entitled to the past pension of the last three years only from today. The above exercise may be completed within three months.
The writ petition stands disposed off.
Order Date :- 19.12.2019 RKP